3208
DOCUMENTS OF THE GENERAL FACULTY
RECOMMENDATION FOR CHANGE IN THE HANDBOOK OF OPERATING
PROCEDURES CONCERNING DISCIPLINING OF A FACULTY MEMBER –
COSPONSORED BY THE COMMITTEE OF COUNSEL ON ACADEMIC FREEDOM AND
RESPONSIBILITY AND THE FACULTY GRIEVANCE COMMITTEE
On behalf of the Committee of Counsel for Academic Freedom and
Responsibility and the Faculty Grievance Committee, Professor
Alba Ortiz (special education) submitted the following recommendation
for change in the Handbook of Operating Procedures concerning
disciplining of a faculty member. Related legislation passed by
the Faculty Council but disapproved by the administration can
be found in D&P
16517-16519, and in D
2360-2362 and D
2539-2541.1
The secretary has classified this as general legislation. It will
be presented to the Faculty Council for action at its meeting
on April 12, 2004.
<signed>
Sue Alexander Greninger, Secretary
The Faculty Council
Posted on the Faculty
Council Web site on April 8, 2004. Paper copies are available
on request from the Office of the General Faculty, FAC 22, F9500.
1 Title changed and reference made to D&P
16517-16519 on April 13, 2004.
3209
RECOMMENDATION FOR CHANGE IN THE HANDBOOK
OF OPERATING PROCEDURES CONCERNING DISCIPLINING OF A FACULTY MEMBER
– COSPONSORED BY THE COMMITTEE OF COUNSEL ON ACADEMIC FREEDOM
AND RESPONSIBILITY AND THE FACULTY GRIEVANCE COMMITTEE
Sec. 3.18. Faculty Grievance Procedure
| I. |
Policy
| A. |
A faculty member has the right to seek redress of
any grievance related to the terms and conditions of
employment. A faculty member is any individual holding
an academic title as defined in Part I, Chapter III,
Section 1.8 of the Rules and Regulations of the
Board of Regents except for Assistant Instructors
and Teaching Assistants.
|
| B. |
Each faculty member may express a grievance through
the following procedures with the assurance of timely
and thorough consideration. Grievants are assured freedom
from reprisals for the filing of their grievances.
|
| C. |
The administration through appropriate officials reserves
the right to discipline and to terminate the employment
of a faculty member for stated good cause shown. (Chapter
III, Section 6.3 of the Board of Regents' Rules
and Regulations shall govern all actions as appropriate.)
In the case of a potential termination of employment,
the accused faculty member may be suspended with
pay pending the completion of the hearing and final
decision of the Board, if, after consultation with the
Committee of Counsel on Academic Freedom and Responsibility
concerning the propriety, the length, and other conditions
of the suspension, the chief administrative officer
determines that the nature of the charges and the evidence
are such that it is in the best interest of the institution.
In other cases of disciplining which the faculty members
indicates an intention to contest through the faculty
grievance process, if the University representative
believes that prior to a faculty grievance hearing,
the University must proceed with an action that would
impose discipline, the discipline may be imposed, provided
that it can be revoked later and would not result in
any permanent loss of any property rights. If the action
proposed would be irrevocable or result in an permanent
loss of property rights, the Provost on behalf of the
University will consult with the Committee of Counsel
on Academic Freedom and Responsibility explaining (1)
why in the University’s view the proposed actions
need to occur immediately, and (2) how the faculty person
would be compensated for the irrevocable disciplining
or loss of property rights should the hearing prove
that the allegations were not true or result in a judgment
that the actions taken were too severe.
|
| D. |
The Committee of Counsel on Academic Freedom and Responsibility
is charged with the general supervision and review of
principles and procedures relating to academic freedom,
tenure, and responsibility. The Faculty Grievance Committee
is authorized to hear or otherwise dispose of individual
grievances.
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